Case 6:21-cv-00798-ADA Document 8 Filed 10/29/21 Page 1 of 28
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Case No.: 6:21-cv-798-ADA
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`Jury Trial Demanded
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`GreatGigz Solutions, LLC,
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`Plaintiff,
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`v.
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`Walmart Inc.,
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`Defendant.
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`WALMART’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Defendant Walmart Inc. (“Walmart), by and through its undersigned counsel, hereby
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`submits its Answer and Affirmative Defenses to the Original Complaint for Patent Infringement
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`(ECF No. 1) (hereinafter “Complaint”) filed by GreatGigz Solutions, LLC (“Plaintiff”).
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`Paragraph numbers 1–93 below correspond to the paragraph numbers in the Complaint to which
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`they respond. Walmart refers herein to U.S. Patent Nos. 6,662,194 (“the ’194 Patent”),
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`7,490,086 (“the ’086 Patent”), 9,760,864 (“the ’864 Patent”), and 10,096,000 (“the ’000 Patent”)
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`as the “Patents-in-Suit.” Walmart denies all allegations of the Complaint that are not expressly
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`admitted below, including denying any and all allegations that it infringes the Patents-in-Suit.
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`THE PARTIES
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`1.
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`Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 1 of the Complaint and therefore denies them.
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`2.
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`Walmart admits that it is incorporated under the laws of Delaware, with its
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`headquarters located at 702 S.W. 8th Street, Bentonville, Arkansas, 72716. Walmart admits that
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`as of the date that the Complaint was filed, its registered agent for service in the State of Texas
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`Case 6:21-cv-00798-ADA Document 8 Filed 10/29/21 Page 2 of 28
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`was CT Corporation System, 1999 Bryan St. Ste. 900, Dallas, Texas 75201-3136. Walmart
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`admits that it sells products in the State of Texas, including at certain stores located in the
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`Western District of Texas. Walmart denies that it has any infringing systems or otherwise
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`infringes any of the Patents-in-Suit. Walmart lacks knowledge or information sufficient to form
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`a belief as to the truth of the remaining allegations of paragraph 2 of the Complaint, and
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`therefore deny the same, or those remaining allegations are legal conclusions to which no
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`response is required.
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`JURISDICTION AND VENUE
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`3.
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`Paragraph 3 of the Complaint states a legal conclusion to which no response is
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`required.
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`4.
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`Walmart admits that it conducts business in the State of Texas, including
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`distributing, offering for sale, and selling products. Walmart admits that Figure 1 of paragraph 4
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`of the Complaint purports to show a screenshot of a portion of the web page at
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`https://www.walmart.com/cp/express_delivery/3696472 as of July 30, 2021. Walmart denies
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`that Figure 1 of Paragraph 4 of the Complaint is a complete and accurate representation of that
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`web page. Walmart denies that it has any infringing systems and methods or otherwise infringes
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`any of the Patents-in-Suit. The remainder of paragraph 4 of the Complaint states a legal
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`conclusion to which no response is required. Walmart denies any remaining allegations of
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`paragraph 4 of the Complaint.
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`5.
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`Walmart admits that it conducts business in the State of Texas and has certain
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`stores located in the Western District of Texas. Walmart admits that Figures 2 and 3 of
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`paragraph 5 of the Complaint purport to show a screenshots of portions of the web page located
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`at https://www.walmart.com/store/finder?location=76701&distance=50 of certain Walmart
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`stores located within 50 miles of the zip code 76701 as of July 30, 2021. Walmart denies that
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`Case 6:21-cv-00798-ADA Document 8 Filed 10/29/21 Page 3 of 28
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`Figures 2 and 3 of Paragraph 5 of the Complaint are complete and accurate representations of
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`that web page. The remainder of paragraph 5 of the Complaint states a legal conclusion to which
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`no response is required. Walmart denies any remaining allegations of Paragraph 5 of the
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`Complaint.
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`6.
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`Paragraph 6 of the Complaint states a legal conclusion to which no response is
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`required.
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`PATENTS-IN-SUIT
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`7.
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`Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 7 of the Complaint and therefore denies them.
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`8.
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`9.
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`Walmart denies the allegations of paragraph 8 of the Complaint.
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`Walmart denies the allegations of paragraph 9 of the Complaint.
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`10. Walmart denies the allegations of paragraph 10 of the Complaint.
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`11. Walmart denies that the Patents-in-Suit claim any novel, non-obvious,
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`unconventional, or non-routine inventions. The remaining allegations of Paragraph 11 of the
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`Complaint states a legal conclusion to which no response is required.
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`12. Walmart admits that during prosecution of the ’864 Patent, the examiner raised
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`the issue of subject matter eligibility under 35 U.S.C. § 101. Walmart denies the remaining
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`allegations of paragraph 12. Further, to the extent that paragraph 12 of the Complaint states a
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`legal conclusion, no response is required.
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`13. Walmart admits that in paragraph 13 of the Complaint, Plaintiff alleges
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`infringement of the Patents-in-Suit. But Walmart denies that it has infringed any of the Patents-
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`in-Suit.
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`14. Walmart admits that in paragraph 14 of the Complaint, Plaintiff purports to
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`excerpt or summarize the abstract of the ’194 Patent. But Walmart denies that this is an accurate
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`Case 6:21-cv-00798-ADA Document 8 Filed 10/29/21 Page 4 of 28
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`or complete recitation of the subject matter of the ’194 Patent. Walmart denies the remaining
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`allegations of paragraph 14 of the Complaint.
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`15. Walmart admits that in paragraph 15 of the Complaint, Plaintiff purports to
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`excerpt or summarize the abstract of the ’086 Patent. But Walmart denies that this is an accurate
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`or complete recitation of the subject matter of the ’086 Patent. Walmart denies the remaining
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`allegations of paragraph 15 of the Complaint.
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`16. Walmart admits that in paragraph 16 of the Complaint, Plaintiff purports to
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`excerpt or summarize the abstract of the ’864 Patent. But Walmart denies that this is an accurate
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`or complete recitation of the subject matter of the ’864 Patent. Walmart denies the remaining
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`allegations of paragraph 16 of the Complaint.
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`17. Walmart admits that in paragraph 17 of the Complaint, Plaintiff purports to
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`excerpt or summarize the abstract of the ’000 Patent. But Walmart denies that this is an accurate
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`or complete recitation of the subject matter of the ’000 Patent. Walmart denies the remaining
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`allegations of paragraph 17 of the Complaint.
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`18.
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`Plaintiff’s assertion that the claims of the Patents-in-Suit claim priority to at least
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`July 31, 1999, is a legal conclusion to which no response is required. Walmart lacks knowledge
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`or information sufficient to form a belief as to the truth of the allegations of paragraph 18 of the
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`Complaint and therefore denies them.
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`19. Walmart denies the allegations of paragraph 19 of the Complaint.
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`20. Walmart denies the allegations of paragraph 20 of the Complaint.
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`21. Walmart denies the allegations of paragraph 21 of the Complaint.
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`Case 6:21-cv-00798-ADA Document 8 Filed 10/29/21 Page 5 of 28
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`22. Walmart admits that paragraph 22 of the Complaint recites certain portions of the
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`’194 Patent at 1:59–2:6, 2:7–17, 2:18–24, and 6:45–55. Walmart denies the remaining
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`allegations of paragraph 22 of the Complaint.
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`23. Walmart admits that paragraph 23 of the Complaint recites certain portions of the
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`’194 Patent at 2:26–42. Walmart denies the remaining allegations of paragraph 23 of the
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`Complaint.
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`24. Walmart admits that paragraph 24 of the Complaint recites certain portions of the
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`’194 Patent at 2:43–48. Walmart denies the remaining allegations of paragraph 24 of the
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`Complaint.
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`25. Walmart admits that paragraph 25 of the Complaint recites certain portions of the
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`’194 Patent at 2:49–61. Walmart denies the remaining allegations of paragraph 25 of the
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`Complaint.
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`26. Walmart admits that paragraph 26 of the Complaint recites certain portions of the
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`’194 Patent at 2:62–3:8 and 6:59–65. Walmart denies the remaining allegations of paragraph 26
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`of the Complaint.
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`27. Walmart admits that during prosecution of the ’864 Patent, the examiner raised
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`the issue of subject matter eligibility under 35 U.S.C. § 101. Walmart denies the remaining
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`allegations of paragraph 27. Further, to the extent that paragraph 27 of the Complaint states a
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`legal conclusion, no response is required.
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`28. Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 28 of the Complaint and therefore denies them.
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`29. Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 29 of the Complaint and therefore denies them.
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`Case 6:21-cv-00798-ADA Document 8 Filed 10/29/21 Page 6 of 28
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`30. Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 30 of the Complaint and therefore denies them. Further, to the
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`extent that paragraph 30 of the Complaint states a legal conclusion, no response is required.
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`31. Walmart denies that the ’194 Patent is a pioneering patent. Walmart lacks
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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
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`of paragraph 31 of the Complaint and therefore denies them.
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`32. Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 32 of the Complaint and therefore denies them.
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`33. Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 33 of the Complaint and therefore denies them.
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`34. Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 34 of the Complaint and therefore denies them. Further, to the
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`extent that paragraph 34 of the Complaint states a legal conclusion, no response is required.
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`35. Walmart denies that the ’086 Patent is a pioneering patent. Walmart lacks
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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
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`of paragraph 35 of the Complaint and therefore denies them.
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`36. Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 36 of the Complaint and therefore denies them.
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`37. Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 37 of the Complaint and therefore denies them.
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`38. Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 38 of the Complaint and therefore denies them. Further, to the
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`extent that paragraph 38 of the Complaint states a legal conclusion, no response is required.
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`Case 6:21-cv-00798-ADA Document 8 Filed 10/29/21 Page 7 of 28
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`39. Walmart denies that the ’864 Patent is a pioneering patent. Walmart lacks
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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
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`of paragraph 39 of the Complaint and therefore denies them.
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`40. Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 40 of the Complaint and therefore denies them.
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`41. Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 41 of the Complaint and therefore denies them.
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`42. Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 42 of the Complaint and therefore denies them. Further, to the
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`extent that paragraph 42 of the Complaint states a legal conclusion, no response is required.
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`43. Walmart denies that the ’000 Patent is a pioneering patent. Walmart lacks
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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
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`of paragraph 43 of the Complaint and therefore denies them.
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`44. Walmart denies the allegations of paragraph 44 of the Complaint. Further, to the
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`extent that paragraph 44 of the Complaint states a legal conclusion, no response is required.
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`THE NON-INFRINGING ACCUSED INSTRUMENTALITIES
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`45. Walmart admits that it offers for advertises, offers for sale, and sells products in
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`the United States through the Walmart Website, www.walmart.com. Walmart admits that it has
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`a mobile application product, which may be referred to as the Walmart Mobile App, which may
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`be downloaded and used by its customers. Walmart admits that the Walmart Website and
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`Walmart Mobile App are available to Walmart customers. Walmart admits that it also has an
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`application that may be referred to as the Walmart Spark Driver App and that may be
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`downloaded and used by persons who are Walmart Spark drivers. Walmart admits that the
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`Walmart Website, Walmart Mobile App, and Walmart Spark Driver App may include, use, or
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`Case 6:21-cv-00798-ADA Document 8 Filed 10/29/21 Page 8 of 28
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`communicate with one or more of hardware, software, web pages, and servers, and may in some
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`circumstances be used to facilitate delivery of groceries or merchandise ordered by a customer
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`from a Walmart store. Walmart denies that the Walmart Website, the Walmart Mobile App, the
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`Walmart Spark Driver App, or any other hardware, software, web pages, servers, or any other
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`“Accused Instrumentalities” according to Plaintiff infringe any of the Patents-in-Suit.
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`COUNT I: ALLEGED INFRINGEMENT OF U.S. PATENT NO. 6,662,194
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`46. Walmart incorporates the above paragraphs herein by reference.
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`47. Walmart admits that became aware of the ’194 Patent when it was served with the
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`Complaint. Walmart denies that the Complaint provides adequate or sufficient notice of
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`Plaintiff’s infringement contentions and allegations regarding the ’194 Patent and the alleged
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`Accused Instrumentality.
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`48. Walmart incorporates its response to paragraph 45 of the Complaint above as if
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`set forth herein in full, and further states that Walmart may obtain revenue from customer sales
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`and deliveries made through or facilitated by the Walmart Website, the Walmart Mobile App,
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`and the Walmart Spark Driver App. To the extent that paragraph 48 includes any additional
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`allegations, Walmart lacks knowledge or information sufficient to form a belief as to the truth of
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`the remaining allegations of paragraph 48 of the Complaint and therefore denies them, or those
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`allegations state a legal conclusion to which no response is required.
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`49. Walmart denies the allegations of paragraph 49 of the Complaint.
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`50. Walmart admits that paragraph 50 of the Complaint purports to identify certain
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`portions of an Accused Instrumentality (or Accused Instrumentalities). But Walmart denies that
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`any such instrumentality infringes the ’194 Patent. Walmart admits that Figures 4–8 of
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`paragraph 50 of the Complaint purport to reproduce certain annotated or unannotated screen
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`shots of portions of the following web pages as of July 30, 2021:
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`Case 6:21-cv-00798-ADA Document 8 Filed 10/29/21 Page 9 of 28
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`https://corporate.walmart.com/newsroom/2018/09/05.walmart-tests-new-last-mile-grocery-
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`delivery-servce; https://www.bringg.com/industries/food-and-grocery; and
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`https://venturebeat.com/2021/06/16/bringg-a-delivery-and-fulfillment-platform-used-by-
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`walmart-nabs-100m/. Walmart denies that Figures 4–8 of paragraph 50 of the Complaint are
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`complete or accurate representations of those web pages. To the extent that paragraph 50 of the
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`Complaint has any remaining allegations, Walmart lacks knowledge or information sufficient to
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`form a belief as to the truth of the remaining allegations and therefore denies them.
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`51. Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 51 of the Complaint and therefore denies them. Walmart also
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`incorporates as if fully set forth herein its response to paragraph 50 of the Complaint.
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`52. Walmart admits that Figures 9–12 of paragraph 52 of the Complaint purport to be
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`annotated screen shots of portions of the following webpages as of July 30, 2021:
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`https://drive4spark.walmart.com/Spark%20Driver%20FAQ#undefinied;
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`https://drive4spark.walmart.com/Spark%20Driver%20On-Demand; and
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`https://apps.apple.com/us/app/spark-driver/id1483998236. Walmart denies that Figures 9–12 of
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`paragraph 52 of the Complaint are complete or accurate representations of those web pages.
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`Walmart denies the remaining allegations of paragraph 52 of the Complaint. Further, to the
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`extent that paragraph 52 of the Complaint states a legal conclusion, no response is required.
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`53. Walmart admits that when placing an order, a customer may have the option of
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`requesting a preferred delivery time. Walmart lacks knowledge or information sufficient to form
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`a belief as to the truth of the allegation in paragraph 53 of the Complaint that Figure 13 shows a
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`screenshot of the Walmart Consumer App running on an iPhone 12 Pro Max on August 2, 2021.
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`Walmart denies that Figure 13 in paragraph 53 of the complaint is a complete or accurate
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`Case 6:21-cv-00798-ADA Document 8 Filed 10/29/21 Page 10 of 28
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`representation of the Walmart Consumer App running on an iPhone 12 Pro Max. Walmart
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`denies the remaining allegations of paragraph 53 of the Complaint. Walmart denies the
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`remaining allegations of paragraph 53 of the Complaint. Further, to the extent that paragraph 53
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`of the Complaint states a legal conclusion, no response is required.
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`54. Walmart denies the allegations of paragraph 54 of the Complaint. Further, to the
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`extent that paragraph 54 of the Complaint states a legal conclusion, no response is required.
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`55. Walmart denies the allegations of paragraph 55 of the Complaint.
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`56. Walmart admits that a Walmart Spark Driver may be notified of orders available
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`for delivery, and that a driver may choose an “Accept” button shown on the Walmart Spark
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`Driver App next to orders that may be available for pickup from a Walmart store. Walmart
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`admits that a customer may be sent information regarding a delivery’s status. Walmart denies
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`the remaining allegations set forth in paragraph 56 of the Complaint.
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`57. Walmart denies the allegations set forth in Paragraph 57 of the Complaint.
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`58. Walmart denies the allegations set forth in Paragraph 58 of the Complaint.
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`COUNT II: ALLEGED INFRINGEMENT OF U.S. PATENT NO. 7,490,086
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`59. Walmart incorporates the above paragraphs herein by reference.
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`60. Walmart admits that it became aware of the ’086 Patent when it was served with
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`the Complaint. Walmart denies that the Complaint provides adequate or sufficient notice of
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`Plaintiff’s infringement contentions and allegations regarding the ’086 Patent and the alleged
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`Accused Instrumentality.
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`61. Walmart incorporates its response to paragraph 45 of the Complaint above as if
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`set forth herein in full, and further states that Walmart may obtain revenue from customer sales
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`and deliveries made through or facilitated by the Walmart Website, the Walmart Mobile App,
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`and the Walmart Spark Driver App. To the extent that paragraph 61 includes any additional
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`allegations, Walmart lacks knowledge or information sufficient to form a belief as to the truth of
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`the remaining allegations of paragraph 61 of the Complaint and therefore denies them, or those
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`allegations state a legal conclusion to which no response is required.
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`62. Walmart denies the allegations of paragraph 62 of the Complaint.
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`63. Walmart admits that paragraph 63 of the Complaint purports to identify certain
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`portions of an Accused Instrumentality (or Accused Instrumentalities). But Walmart denies that
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`this instrumentality infringes the ’086 Patent. Walmart incorporates as if fully set forth herein its
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`response to paragraph 50 of the Complaint. To the extent that paragraph 63 of the Complaint has
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`any remaining allegations, Walmart lacks knowledge or information sufficient to form a belief as
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`to the truth of the remaining allegations and therefore denies them.
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`64. Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 64 of the Complaint and therefore denies them. Walmart also
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`incorporates as if fully set forth herein its response to paragraph 50 of the Complaint.
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`65. Walmart denies the allegations of paragraph 65 of the Complaint. Walmart also
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`incorporates as if fully set forth herein its response to paragraph 52 of the Complaint. Further, to
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`the extent that paragraph 65 of the Complaint states a legal conclusion, no response is required.
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`66. Walmart denies the allegations of paragraph 66 of the Complaint. Walmart also
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`incorporates as if fully set forth herein its responses to paragraphs 52 and 56 of the Complaint.
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`Further, to the extent that paragraph 66 of the Complaint states a legal conclusion, no response is
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`required.
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`67. Walmart denies the allegations of paragraph 67 of the Complaint. Walmart also
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`incorporates as if fully set forth herein its responses to paragraphs 52 and 56 of the Complaint.
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`Further, to the extent that paragraph 66 of the Complaint states a legal conclusion, no response is
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`required.
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`68. Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 68 of the Complaint and therefore denies them. Walmart also
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`incorporates as if fully set forth herein its response to paragraph 53 of the Complaint. Further, to
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`the extent that paragraph 68 of the Complaint states a legal conclusion, no response is required.
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`69. Walmart denies the allegations set forth in Paragraph 69 of the Complaint.
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`70. Walmart denies the allegations set forth in Paragraph 70 of the Complaint.
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`COUNT III: ALLEGED INFRINGEMENT OF U.S. PATENT NO. 9,760,864
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`71. Walmart incorporates the above paragraphs herein by reference.
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`72. Walmart incorporates its response to paragraph 45 of the Complaint above as if
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`set forth herein in full, and further states that Walmart may obtain revenue from customer sales
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`and deliveries made through or facilitated by the Walmart Website, the Walmart Mobile App,
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`and the Walmart Spark Driver App. To the extent that paragraph 72 includes any additional
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`allegations, Walmart lacks knowledge or information sufficient to form a belief as to the truth of
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`the remaining allegations of paragraph 72 of the Complaint and therefore denies them, or those
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`allegations state a legal conclusion to which no response is required.
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`73. Walmart denies the allegations of paragraph 73 of the Complaint.
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`74. Walmart admits that paragraph 74 of the Complaint purports to identify certain
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`portions of an Accused Instrumentality (or Accused Instrumentalities). But Walmart denies that
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`this instrumentality infringes the ’864 Patent. Walmart incorporates as if fully set forth herein its
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`response to paragraph 50 of the Complaint. To the extent that paragraph 74 of the Complaint has
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`any remaining allegations, Walmart lacks knowledge or information sufficient to form a belief as
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`to the truth of the remaining allegations and therefore denies them.
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`75. Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 75 of the Complaint and therefore denies them. Walmart also
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`incorporates as if fully set forth herein its response to paragraph 50 of the Complaint.
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`76. Walmart denies the allegations of paragraph 76 of the Complaint. Walmart also
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`incorporates as if fully set forth herein its response to paragraph 52 of the Complaint. Further, to
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`the extent that paragraph 76 of the Complaint states a legal conclusion, no response is required.
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`77. Walmart denies the allegations of paragraph 77 of the Complaint. Walmart also
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`incorporates as if fully set forth herein its response to paragraphs 53 of the Complaint. Further,
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`to the extent that paragraph 77 of the Complaint states a legal conclusion, no response is
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`required.
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`78. Walmart denies the allegations of paragraph 78 of the Complaint. Walmart also
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`incorporates as if fully set forth herein its responses to paragraphs 53 and 54 of the Complaint.
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`Further, to the extent that paragraph 78 of the Complaint states a legal conclusion, no response is
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`required.
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`79. Walmart denies the allegations of paragraph 79 of the Complaint. Walmart also
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`incorporates as if fully set forth herein its responses to paragraphs 53–55 of the Complaint.
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`Further, to the extent that paragraph 79 of the Complaint states a legal conclusion, no response is
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`required.
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`80. Walmart admits that a Walmart Spark Driver may be notified of orders available
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`for delivery. Walmart admits that a customer may be sent information regarding a delivery’s
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`status. Walmart admits that Figure 15 of paragraph 80 of the Complaint purports to reproduce a
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`portion of https://www.walmart.com/cp/express_delivery/3696472 as of July 30, 2021. Walmart
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`denies that Figure 15 of Paragraph 80 of the Complaint is a complete and accurate representation
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`of that web page. Walmart denies the remaining allegations of paragraph 80 of the Complaint.
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`Walmart also incorporates as if fully set forth herein its response to paragraph 56 of the
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`Complaint. Further, to the extent that paragraph 80 of the Complaint states a legal conclusion,
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`no response is required.
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`81. Walmart denies the allegations set forth in Paragraph 81 of the Complaint.
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`82. Walmart denies the allegations set forth in Paragraph 82 of the Complaint.
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`COUNT IV: ALLEGED INFRINGEMENT OF U.S. PATENT NO. 10,096,000
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`83. Walmart incorporates the above paragraphs herein by reference.
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`84. Walmart incorporates its response to paragraph 45 of the Complaint above as if
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`set forth herein in full, and further states that Walmart may obtain revenue from customer sales
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`and deliveries made through or facilitated by the Walmart Website, the Walmart Mobile App,
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`and the Walmart Spark Driver App. To the extent that paragraph 84 includes any additional
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`allegations, Walmart lacks knowledge or information sufficient to form a belief as to the truth of
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`the remaining allegations of paragraph 84 of the Complaint and therefore denies them, or those
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`allegations state a legal conclusion to which no response is required.
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`85. Walmart denies the allegations of paragraph 85 of the Complaint.
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`86. Walmart admits that paragraph 86 of the Complaint purports to identify certain
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`portions of an Accused Instrumentality (or Accused Instrumentalities). But Walmart denies that
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`this instrumentality infringes the ’000 Patent. Walmart incorporates as if fully set forth herein its
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`response to paragraph 50 of the Complaint. To the extent that paragraph 86 of the Complaint has
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`any remaining allegations, Walmart lacks knowledge or information sufficient to form a belief as
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`to the truth of the remaining allegations and therefore denies them.
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`87. Walmart lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of paragraph 87 of the Complaint and therefore denies them. Walmart also
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`incorporates as if fully set forth herein its response to paragraph 50 of the Complaint.
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`88. Walmart denies the allegations of paragraph 88 of the Complaint. Walmart also
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`incorporates as if fully set forth herein its response to paragraph 52 of the Complaint. Further, to
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`the extent that paragraph 88 of the Complaint states a legal conclusion, no response is required.
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`89. Walmart admits that the Walmart Spark Driver App may display orders are
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`available for delivery. Walmart denies the remaining allegations of paragraph 89 of the
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`Complaint. Walmart also incorporates as if fully set forth herein its responses to paragraph 52
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`and 56 of the Complaint. Further, to the extent that paragraph 89 of the Complaint states a legal
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`conclusion, no response is required.
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`90. Walmart denies the allegations of paragraph 90 of the Complaint. Walmart also
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`incorporates as if fully set forth herein its response to paragraph 53 of the Complaint. Further, to
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`the extent that paragraph 90 of the Complaint states a legal conclusion, no response is required.
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`91. Walmart admits that the Walmart Spark Driver App may display orders are
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`available for delivery. Walmart admits that a customer may be sent information regarding a
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`delivery’s status. Walmart denies the remaining allegations of paragraph 91 of the Complaint.
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`Walmart also incorporates as if fully set forth herein its responses to paragraphs 56 and 80 of the
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`Complaint. Further, to the extent that paragraph 91 of the Complaint states a legal conclusion,
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`no response is required.
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`92. Walmart denies the allegations set forth in Paragraph 92 of the Complaint.
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`93. Walmart denies the allegations set forth in Paragraph 93 of the Complaint.
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`- 15 -
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`Case 6:21-cv-00798-ADA Document 8 Filed 10/29/21 Page 16 of 28
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`PRAYER FOR RELIEF
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`Walmart denies that Plaintiff is entitled to any of the relief it seeks in paragraphs 1–5 of
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`its Prayer for Relief, or any relief whatsoever. Walmart denies any and all remaining allegations
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`in Plaintiff’s Prayer for Relief.
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`JURY DEMAND
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`Walmart admits that Plaintiff demands a jury trial for all issues so triable.
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`AFFIRMATIVE DEFENSES
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`Subject to the responses above, and without assuming any burden other than that imposed
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`by operation of law, Walmart alleges and asserts the following defenses, affirmative or
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`otherwise, in response to the allegations of the Complaint. In addition to the defenses described
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`below, Walmart expressly reserves the right to assert any other legal or equitable defenses that
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`may now exist or in the future be available based on discovery and further investigation in this
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`case.
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`FIRST DEFENSE – NON-INFRINGEMENT OF U.S. PATENT NO. 6,662,194
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`Walmart does not infringe and has not infringed any valid and enforceable claim of the
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`’194 Patent, literally or under the doctrine of equivalents, directly or indirectly, willfully or
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`otherwise.
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`SECOND DEFENSE – NON-INFRINGEMENT OF U.S. PATENT NO. 7,490,086
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`Walmart does not infringe and has not infringed any valid and enforceable claim of the
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`’086 Patent, literally or under the doctrine of equivalents, directly or indirectly, willfully or
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`otherwise.
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`- 16 -
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`Case 6:21-cv-00798-ADA Document 8 Filed 10/29/21 Page 17 of 28
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`THIRD DEFENSE – NON-INFRINGEMENT OF U.S. PATENT NO. 9,760,864
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`Walmart does not infringe and has not infringed any valid and enforceable claim of the
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`’864 Patent, literally or under the doctrine of equivalents, directly or indirectly, willfully or
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`otherwise.
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`FOURTH DEFENSE – NON-INFRINGEMENT OF U.S. PATENT NO. 10,096,000
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`Walmart does not infringe and has not infringed any valid and enforceable claim of the
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`’000 Patent, literally or under the doctrine of equivalents, directly or indirectly, willfully or
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`otherwise.
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`FIFTH DEFENSE – INVALIDITY OF U.S. PATENT NO. 6,662,194
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`Each and every asserted claim of the ’194 Patent is invalid for failure to satisfy one or
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`more requirements and/or conditions for patentability under Title 35, United States Code § 1, et
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`seq., including without limitation §§ 101, 102, 103, and/or 112.
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`SIXTH DEFENSE – INVALIDITY OF U.S. PATENT NO. 7,490,086
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`Each and every asserted claim of the ’086 Patent is invalid for failure to satisfy one or
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`more requirements and/or conditions for patentability under Title 35, United States Code § 1, et
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`seq., including without limitation §§ 101, 102, 103, and/or 112.
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`SEVENTH DEFENSE – INVALIDITY OF U.S. PATENT NO. 9,760,864
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`Each and every asserted claim of the ’864 Patent is invalid for failure to satisfy one or
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`more requirements and/or conditions for patentability under Title 35, United States Code § 1, et
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`seq., including without limitation §§ 101, 102, 103, and/or 112.
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`EIGHTH D